Regretting decision =(

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Hello everyone. I am new to this forum and to the timeshare world as well. My husband and I just got back from Vegas (Christmas) and we purchased a resale PH Towers (Elara) unit. I consider myself to be strong willed and the type of person who is extremely honest and that won't get easily duped. Wrong. Of course this purchase was with Westgate (or Wastegate as some call it) and after doing my due diligence (after the fact, of course), we are regretting the decision. Basically, studio unit (resale) that we can pay off sooner rather than later and $350 maint/tax every other year (bc we split the stay in Vegas). Also, unlimited getaways. Sounds great but I know these companies and how they operate and I can't believe we went through with this-especially with the shady information that we received.

I did more research and found that you can rescind your purchase within 5 days of the sale (Nevada Statute 199a) but not sure how it works with resale. I am sending the papers in today. We went back to the purchase location and tried to do it in person but of course, we couldn't.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

If you bought from the developer you should be able to rescind with no problem. In some jurisdictions, you may be able to rescind other resale purchases, too, but that may be problematic.

Make sure you cross every T and dot every I, and use certified return-reciept mail.

You can find resales at much lower prices than those offered by a developer. The bargain basement is eBay. Study timesharing a while and buy something that is a better deal and fits your objectives. Timesharing can offer great value if approached properly.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

If you bought from the developer you should be able to rescind with no problem. In some jurisdictions, you may be able to rescind other resale purchases, too, but that may be problematic.

Make sure you cross every T and dot every I, and use certified return-reciept mail.

You can find resales at much lower prices than those offered by a developer. The bargain basement is eBay. Study timesharing a while and buy something that is a better deal and fits your objectives. Timesharing can offer great value if approached properly.

Thank you. When my husband and I went back to the office to speak with them, of course they showed us the paper that we signed that states you cannot rescind (among the other papers that we rushed to sign). I sent the revocation form that I found online, a copy of the contract a letter I wrote outlining the issues and some of the provisions that the state of Nevada upholds (like how we are supposed to receive an offering plan from Westgate but did not).

I have friends that have purchased timeshares and have never used them but they were in places that they normally wouldn't visit often. We just moved to Arizona and are only about 4.5 hours from Vegas and have been there numerous times already. This is how we were rationalizing the decision (also for the fact that there are "unlimited getaways"). The taxes/maintenance aren't bad (for the moment), in that they are every other year and supposedly only if we ended up using the unit at the Elara/PH Towers. The fee is $350 every even year bc we split the stay (we don't normally vacation for more than 4-5 nights) so we didn't need the full week. It all sounds so peachy but even though I was a sucker for this transaction, I know I don't want to be a part of a company that is notorious for scamming and for shady business practices. I should've listened to my husband =( (I won't tell him that though!!!

[JLB Please excuse me, I'm a Dick. Not a moron just a Dick Find all posts View Profile Close JLB]

Don't walk away.

run

[stevio99 Member Find all posts View Profile Close stevio99]

Did the contract really include that you cant rescind? If they do that, isnt that an illegal clause? That might be important for people who go beyond the rescind date.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Did the contract really include that you cant rescind? If they do that, isnt that an illegal clause? That might be important for people who go beyond the rescind date.

Apparently this applies for resale. We did not purchase this retail.

[timeos2 Senior Member Find all posts View Profile Close timeos2]

The taxes/maintenance aren't bad (for the moment), in that they are every other year and supposedly only if we ended up using the unit at the Elara/PH Towers. The fee is $350 every even year bc we split the stay (we don't normally vacation for more than 4-5 nights) so we didn't need the full week. It all sounds so peachy but even though I was a sucker for this transaction, I know I don't want to be a part of a company that is notorious for scamming and for shady business practices. I should've listened to my husband =( (I won't tell him that though!!!

Wastegate is right and one you want to avoid even if it was a good deal - this doesn't seem to be. The idea of a timeshare in LV if you plan to go there alot is good - you should look at Wyndham Points that can be picked up for little or nothing and will get you time (in 2-7 day chunks which should work well for you) at the Grand Desert one block away from Elara (and a much more reputable operation than Wastegate - again just don't ever buy retail). But first get this mistake behind you.

The part that reads "The taxes/maintenance aren't bad (for the moment), in that they are every other year and supposedly only if we ended up using the unit at the Elara/PH Towers." also doesn't make sense. Using the time there or not (or renting or trading) you would still owe the taxes & maintenance.

You are wise at this point to do everything you can to rescind this deal & look for a far more suitable one for your needs.

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Believe me, we are trying everything to get out of this. I consider myself to be very smart and now I am cursing myself for this whole ordeal. Smart I was not. What I meant about the maintenance was that it's not something that will put us in the hole, money-wise. We plan on traveling to Vegas at least once a year (been there a few times already this year). We just moved here from the East and have friends that will visit and want to go to Vegas. I knew never to buy retail so we did a resale and it still seems like a crappy move. I've talked to a few people that tell me to just try to make it work the best we can. Basically, we won't have finance charges or anything but still, we do not want to be associated with this sleaze of a company.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

Resale from a developer is NOT the same thing - particularly not the same price - as resale from an individual.

An own-to-use timeshare in Vegas sounds like it would work out great for you, but first educate yourself on which resorts are better (hint: NOT Wastegate) and the places you can pick up resales for a song (hint: eBay).

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

Resale from a developer is NOT the same thing - particularly not the same price - as resale from an individual.

An own-to-use timeshare in Vegas sounds like it would work out great for you, but first educate yourself on which resorts are better (hint: NOT Wastegate) and the places you can pick up resales for a song (hint: eBay).

I agree with what you are saying. I want nothing to do with Westgate. But what do I do when they tell me I can't rescind.

[SallyHoover Senior Member Find all posts View Profile Close SallyHoover]

Resale from a developer is NOT the same thing - particularly not the same price - as resale from an individual.

It is not resale from a developer. I believe it is a resale company that uses the shadiest techniques from both developers and the other general timeshare scam people. High pressure, lies, fuzzy math, showing you one set of papers then having you sign another, etc. I have seen reports of this group or another like them before in Vegas. Apparently Nevada does not have any laws protecting people from these people.

You should do everything you can to get yourself out of this. Keep records of all your contacts and papers. Send letters registered so you have evidence of your intent to rescind. Contact the AG in Nevada and the state Representative- although I don't think he/she can help but perhaps if there are not protection for buyers, he could look into it. I would also plaster the companies name all over the internet detailing any misrepresentations or issues of fraud if applicable and warning others about what happened to you.

Good luck

[Grif1127 Junior Member Find all posts View Profile Close Grif1127]

It is not resale from a developer. I believe it is a resale company that uses the shadiest techniques from both developers and the other general timeshare scam people. High pressure, lies, fuzzy math, showing you one set of papers then having you sign another, etc. I have seen reports of this group or another like them before in Vegas. Apparently Nevada does not have any laws protecting people from these people.

You should do everything you can to get yourself out of this. Keep records of all your contacts and papers. Send letters registered so you have evidence of your intent to rescind. Contact the AG in Nevada and the state Representative- although I don't think he/she can help but perhaps if there are not protection for buyers, he could look into it. I would also plaster the companies name all over the internet detailing any misrepresentations or issues of fraud if applicable and warning others about what happened to you.

Good luck

Hello. Thanks for the post. This is resale from Westgate themselves, unfortunately. Here's the deal...we don't know exactly what will happen when we begin using this timeshare and getaways. Basically, we are going by the countless reviews of Westgate and their practices. Hilton took over PH Towers and will maintain the Elara property but the actual timeshare is with Westgate bc they were the original developers before this one went into foreclosure. There won't be any finance fees because we won't need financing so it will jut be maint/taxes...but seeing all the info I have in the past two days, who knows what else we will be charged for...all that's listed in the contract are the fees I mentioned.

[SallyHoover Senior Member Find all posts View Profile Close SallyHoover]

I don't think Westgate is selling timeshares in Vegas anymore. All of their unsold inventory went to someone else for Hilton to sell. If it is Westgate they can't prohibit you from rescinding even on "resales". Are you sure it is not a company pretending to be Westgate or using it as part of their name?

ugh. I just did a search and I did see someone had a chat with a lawyer on this page and it looks like Westgate is trying to sell foreclosures and not allowing people to rescind based on Nevada's laws. You might want to look into contacting an attorney in Nevada to see if anything can be done.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

I read that material on Nevada law, and this seems to be the exception that they are proceding under:

'' By the resale of a time share that has been acquired by an association by deed in lieu of foreclosure or at a foreclosure sale''

One argument that could be made is that it was the developer who took title in the foreclosure and not the [homeowners] ''association'' so that this exception might not apply.

Developers foreclose due to nonpayment of purchase price, and they tend to get title back to themselves. Homeowners associations foreclose due to nonpayment of annual maintenance fees, and get title back to the association. The application of this exception may be more limited than Wastegate lets on. Also, the term ''the association'' may be further defined somewhere in the statute, which I have not researched.

I would certainly run that by the Nevada Attorney General's Consumer Protection Division, and also try the state Real Estate Commission, which in most states is the entity that specifically regulates timeshare. Some commissions are more proactive than others.

[Carolinian Super Moderator Find all posts View Profile Close Carolinian]

I have had time to do a bit more research, and ''association'' IS defined in the Nevada timeshare law, as followes:

NRS 119A.032 “Association” defined. “Association” means an association of owners established pursuant to NRS 119A.520.

A developer would NOT seem to fit under that definition, and therefore would not seem to be able to use this exclusion to get around the right to rescind. The statute exempts an association that acquires the ownership at a foreclosure sale, not anyone else who acquires ownership by a foreclosure sale.

If they quibble with you when you rescind, cite these statutes and copy the Nevada Real Estate Commission and the Consumer Protection Division of the Nevada AG's office. It appears you will be on sound ground.